UNION OF INDIA Vs. BHASKAR CONSTRUCTION CO

JUDGEMENT

(1.) Common questions of law plead to be answered in the above two revision petitions. Those were heard analogously and by this common judgment and order, I propose to dispose of both the petitions.

(2.) We heard Mr S.C. Shyam, learned Additional Central Govt. standing counsel for the petitioner and Mr S.R. Sen, learned senior counsel assisted by Mrs P.D.B. Baruah for the respondent. The factual foundation has to be laid to appreciate the rival contentions of the parties.

(3.) The Civil Revision Petition No. 16(SH) of 2001 is directed against the judgment and order dated 24.8.99 passed by the learned Assistant to Deputy Commissioner, Shillong in (Arb) Misc. Case No. 36(1) of 1995 and the judgment and order dated 2.3.2001 passed by the learned Additional Deputy Commissioner, Shillong in Misc. Civil Appeal No. 6(1) of 1999. The petitioner, Union of India in the present revision is represented by the Chief Engineer (AF), Air Force Military Engineer Service, Shillong Zone. The respondent, which is a registered MES Contractor, was allotted the works for construction of Married Accommodation for Officers, Airmen and MES Key Personnel at 10 Wing Borjar and an agreement of contract was executed between the President of India represented by the Chief Engineer, Shillong Zone on 11.12.1987, Paragraph 7(b) of the agreement contains the Arbitration clause. Such clause being relevant is extracted herein below for ready reference: